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202000320
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Last modified
1/15/2020 4:14:38 PM
Creation date
1/15/2020 4:08:06 PM
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DEEDS
Inst Number
202000320
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202000320 <br />set forth herein, each party shall be responsible for the repair and maintenance of the real property <br />owned by it and all improvements located on such real property. Each Party hereby acknowledges <br />and agrees that each Party shall have the right to tie the access ways and parking areas on their <br />respective real property into the "Easement Area". <br />5. Taxes. Each party shall be solely responsible for payment of all real estate taxes <br />and assessments, if any, on the real property owned by it and all improvements located on such <br />real property. <br />6. Restrictions. Neither party, nor any successor or assign, shall create, permit or <br />suffer at any time any obstruction to or interference with ingress and egress over, across upon the <br />Easement Area for any purpose nor shall any such party at any time endanger, interfere with, or <br />otherwise obstruct the maintenance, repair, operation or use of the Easement Area for ingress and <br />egress. Neither party shall permit liens or claims of lien to be filed against the Easement Area and <br />shall promptly discharge or transfer to bond any lien that may be filed against such property by <br />reason of such party's activities and the activities of its successors and assigns, employees, tenants, <br />invitees, agents, representative, or affiliates thereon. <br />7. Title. Second Party for itself and for its successors and assigns, does hereby <br />represent and warrant to First Party its successors and assigns, that "Second Party" is the fee simple <br />owner of the "Easement Area" and that it has the right to grant and convey this Easement in the <br />manner and form herein. <br />8. Covenants Running With the Land. The covenants, agreements, conditions and <br />restrictions set forth in this Easement are intended to be and shall be construed as covenants <br />running with the land, binding upon and inuring to the benefits of an enforceable to the parties <br />hereto, and all subsequent owners of their respective interest, or any part thereof. <br />9. Severability. If any portion of this Easement shall be held to be invalid or <br />unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. <br />If a court finds that any provision(s) of this Easement are invalid or unenforceable, but that by <br />limiting such provision(s) the same would become valid and enforceable, then such provision(s) <br />shall be deemed to be written, construed, and enforced as so limited. <br />10. Waiver. The failure of either party to enforce any provision of this Easement shall <br />not be construed as a waiver or limitations of that party's right to subsequently enforce and compel <br />strict compliance with each and every provision of this Easement. <br />11. Governing_Law. The laws of the State of Nebraska shall govern the jurisdiction, <br />venue, interpretation and construction of this Easement, excluding the choice of law rules that may <br />direct jurisdiction, venue, interpretation or construction of this Easement to other jurisdictions. <br />12. Nature of Access Easement. Nothing contained in this Easement will be deemed a <br />gift, grant or dedication of any portion of any property to or for the general public or for any public <br />purpose whatsoever. <br />
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